Rep. Reedy files legislation to allow use of deadly force to protect real and personal propertyRep. Jay D. Reedy has filed
House Bill 0011
which proposes a major change in Tennessee law. The unusual thing is
that the bill actually appears to reflect what a lot of Tennesseans
already believe is the law but is not. The new legislation reflects a
heightened interest in the rights of people to protect their homes,
businesses, properties and items from thieves, rioters, looters and
other criminals.
Under current Tennessee law (see generally
Tennessee Code Annotated Sec. 39-11-614 for example), a civilian is not
allowed to use deadly force to a) protect personal property, b) to stop
a trespass on real property, c) to terminate an attempted theft of
property, or d) to make a citizen’s arrest. Further, under Tennessee
law, the use of “deadly force” does not require that a person actually
discharge a firearm or cause injury with any other weapon. A person
may be accused and convicted of using deadly force merely by
“brandishing” a weapon, that is, displaying it in a threatening manner
towards another.
